In addition to federal laws, most notably the Fair Labor Standards Act, that provide for proper payment of wages, there are several laws in Maryland that require employers to pay employees properly. If you believe that your employer has not paid you the proper amount of wages you are owed, it is very important that contact our firm immediately to discuss your rights. Some examples of the most common types of issues concerning unpaid wages are non-payment or underpayment of wages or overtime pay, failure to receive proper commissions or bonuses, failure to be compensated for rest periods or breaks, or unauthorized deductions or set-offs.

The Maryland Wage Payment and Collection Law sets forth rights for employees to receive proper wages. The law sets outs when and how often employees must be paid, general guidelines for making wage deductions, which actions are prohibited and how employees may enforce their rights.

The Maryland Wage and Hour Law provides legal requirements for minimum wage and overtime pay. The law specifies which categories of employers and employees are covered by the minimum wage and overtime pay provisions of the law, and provides enforcement powers and remedies for employees who are not paid properly. The Maryland Wage and Hour Law is similar to the federal Fair Labor Standards Act, but contains some important differences.

There are typically three options for employees who believe they have not been paid properly by their employer:

Employees can file a claim with the Employment Standards Service (ESS) of the Division of the Maryland Department of Labor, Licensing & Regulation or the Wage and Hour Division (WHD) of the U.S. Department of Labor.

Employees can file a civil action in Maryland state court. If a court finds that wages were withheld in violation of the Maryland Wage Payment Law and not as a result of a bona fide dispute, the court may award damages of up to three times the amount of the unpaid wage, as well as reasonable attorney’s fees and other costs.

Under certain circumstances, employees may file a criminal complaint against their employer. Maryland law imposes criminal penalties for an employer who deliberately fails to pay the wage of an employee without a valid reason, or provides employment with the intent not to pay, and the employer may be required to pay a fine.